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<br />200702415 <br /> <br />9. Protection of Lenderj~ lnterest in the Property and Rights Under this Security Instrument. If <br />(a) Borrower I'ails to perform the COv~nants and agreements contained in this Set.:urity InsU'lunent, (b) there <br />is a legal proceeains that might significantly affect Lender's lnterl:lst in the Property and/or rights unoer <br />this Secmity lostrurn..:nt (such as a proceeQing in bankruptcy, probate, for condemnation Or forfeiture, for <br />enforcement of a lien which may attain priority Over this Security InstrUmtml or to enforce laws or <br />regulations), or (c) Borrower has abandoned the Property, tht.'n Lender may do and pay for whatever is <br />reasonable or a.ppropriate to protect Lender's interest in the Propeny and rights \omder this Security <br />Instruml:lnt, including protecting and/or assessing the value of the Property, and seCl.lring ana/or repairing <br />the ,Propt:rty. Lender's actions CM include, bu.t are not limited to: (a) paying any sums secUrcrJ by a Hen <br />which has priority over this Security Instru1nf:fit; (b) appearing in court; and (c) paying reasonable <br />anomeys' fees to protect its intere$e in ehe Property arid/or rights under this Security Instrument, including <br />its secured position in a bankruptcy prm:eeding. Securing dle :PropQr~y includes, but is nOl limited to, <br />entering the Property to make repairs, chatJge locks, replace or boatd LIP 4001'5 and windowsl (lrain water <br />from pipes, eliminate building or other coele violations or dangerous conditions, and have utilities turned <br />On or off. Although Lender may take action unQcr this Section 9, Lender doas not have to do so and is not <br />under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any or all <br />actions authorized Under this Section 9. <br />Any amounts di~bursed by Lender under ~his Section 9 shall beCOme additional debt of Borrower <br />seCured by this Security lns~rument. These amOUnts shall bear interest at the Note rate from the c).atc of <br />disbursement ;mct shall be payable, with sui;h interest, upon notice from Lender to Borrower requesting <br /> <br />paymertt.. S . I - 1 h ld hall . h 11 I . . f' h <br />It thlli ecunty nstrument IS on a ease 0 ,Borrowt!r s comply Wlt a t le prOV1!Hons (l t e <br />lease. If Borrower acquires fee title to [Ill;! Property, the leasehold and the fee title shall not merge unless <br />Ltmder agrees to the merger in writing. <br />10. Mortgage .Insurancc. If Lender required Mortgage lnsurauce a.s a condition of making the Loan, <br />Borrower shall pay the premiums requlrcd to maintain the Mortgage Insurance in effecr. If, for any reason. <br />the Mortgage Insurance coverage required by Lcncler ceases to be available from the mortgage in~urer that <br />previously provided slich insurance and Borrower was required to make separately design.'Hed payments <br />tow:u-cl the pr~miums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage s'ubstllntially equiv~ellt to ~he Mortgage Insurance previously in effect, at a cost l5ub5tantiaJly <br />equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an aHernate <br />mortgage insurer selected by u'TIder. If substantially (.'quivalent Mortgage Insuranct! coverage is not <br />available, Borrower shall contiIl.'Lle to pay to Lender the ali'lOl.mt of the separately designated payments dlat <br />were due when the insuranl;e coverage ceased to be in effect. Lender will aCi;ept, use and re~ain these <br />payments as a non-refundable loss reserve in lieu of Mongage IJl.~\Jran(:r;:, Such lOBS reserve shall be <br />non-rerundilble, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any intr:lrest or eanlings on su.ch loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage InsuratJce Coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained. and Lender reqll.i~5 <br />separately de$ignated payments tow::u-4 ~he premiums for Mortgage lus'urance, If Lender required Mongage <br />Insluance as a condition or malting the Loan and Borrower was required to make st:para.tely designated <br />paymel'lt$ toward the premiums for Mongage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, Or to provide a non-refundable 1055 reserve, until Lender's <br />requirement for Mortgage Insurmce ends in accordance with any written agreeml;:nt between Borrower aml <br />Lender provicting for such tennination or until termination is required by Applicable Law, Nothing in this <br />Section 10 aHcc~s BOl'rower'~ obligation to pay interest at .the rate provided in the Note_ . . <br />Mongage Insurance Ielmburses Lender (or any entity that purchases the Note) for certam lOSSes It <br />may incur if Borrower does nOt repay the Loan as agreed. BOlTowel' is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insu.rance in force from time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce Josses. These agrtlements <br />are on terms and con4hions that are satisfactory to the mortgage insurer and the other pm'ty (or parties) ~o <br />thCStl agreements. These agre~ments may require !he mortgage insurer to make paym/:lnts usin~ any source <br />of funds that the mortga~e insurer may have available (which DUlY include funds obtained from Mortgage <br />Insurance pl'enllums). <br /> <br />~"6INEllOOO51 <br /> <br />PaC$ 8 of 15 <br /> <br />1roiti.I"f.AL-C 10 <br /> <br />Form 3028 1/01 <br />